Terms and Conditions
General
VisionQuest 20/20 websites are controlled and operated by VisionQuest 20/20 from its offices in the United States of America. By accessing any of these VisionQuest 20/20 websites, you agree to be bound by these Terms of Use, all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use any of the VisionQuest 20/20 websites. Any claim relating to VisionQuest 20/20's websites shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. VisionQuest 20/20 makes no representations or warranties that the materials contained on VisionQuest 20/20's websites are appropriate or available for use in all locations or territories, and access to such materials from locations or territories where their content is illegal is prohibited. Failure of VisionQuest 20/20 to enforce any right(s) or provision(s) contained within these Terms of Use shall not constitute or be deemed to be a waiver of such right or provision nor prevent enforcement by VisionQuest 20/20 of such right or provision thereafter.
Copyright Information and Trademark Guidelines
The materials contained on VisionQuest 20/20 's websites are protected by applicable copyright laws and trademark laws. Any unauthorized use of the materials appearing on VisionQuest 20/20 's websites may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. VisionQuest 20/20 vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property.
Use License
Permission is granted to download one (1) copy of the materials on VisionQuest 20/20's websites for personal, non-commercial transitory viewing only. This is the grant of a limited and non-exclusive license, not a transfer of title, and under this license you may not:
(a) modify or further copy the materials;
(b) use the materials for any commercial purpose, or for any public display (commercial or noncommercial);
(c) attempt to decompile or reverse engineer any software contained on VisionQuest 20/20's websites;
(d) remove any copyright or other proprietary notices on the materials;
(e) transfer the materials to another person or "mirror" or "frame" the materials on any other website or server.
This license shall automatically terminate if you violate any of these Terms of Use and may be terminated by VisionQuest 20/20 at any time and for any reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Note that certain materials and software made available for download on VisionQuest 20/20's websites are subject to their own specific terms and conditions, and those terms and conditions applicable to such materials and software shall govern the download and use of such materials and software.
DISCLAIMER OF WARRANTIES
THE MATERIALS ON VISIONQUEST 20/20'S WEBSITES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. VISIONQUEST 20/20 MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH MATERIALS AND VISIONQUEST 20/20 DISCLAIMS AND NEGATES ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING SUCH MATERIALS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER VIOLATION OF RIGHTS. FURTHER, VISIONQUEST 20/20 MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEBSITES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY WEBSITES LINKED TO OR FROM VISIONQUEST 20/20 WEBSITES.
LIMITATION OF LIABLITY
IN NO EVENT SHALL VISIONQUEST 20/20 OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFITS, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON VISIONQUEST 20/20'S WEBSITES, EVEN IF VISIONQUEST 20/20 HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THESE LIMITATIONS MAY NOT APPLY TO YOU.
Revisions and Errata
The materials appearing on VisionQuest 20/20's websites could include technical, typographical, or photographic errors. VisionQuest 20/20 does not represent or warrant that any of the materials on its websites are accurate, complete, or current. VisionQuest 20/20 may make changes to the materials contained on its websites at any time without notice. VisionQuest 20/20 does not, however, make any commitment to update such materials.
Modification of Terms of Use
VisionQuest 20/20 may revise these Terms of Use for VisionQuest 20/20’s websites at any time without notice. By using any of the VisionQuest 20/20 websites you are agreeing to be bound by the then current version of these Terms of Use.
Submitted Information
Any information, data, images, drawings, photographs, and/or other materials you transmit, submit or post (or which you transmitted, submitted or posted in the past) to any VisionQuest 20/20 website will be considered non-confidential and non-proprietary ("Submitted Information"). VisionQuest 20/20 will have no obligations with respect to the Submitted Information, and by transmitting, submitting or posting Submitted Information to any VisionQuest 20/20 website you hereby grant to VisionQuest 20/20, and its subsidiaries and affiliates, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable license to disclose, distribute, display, perform, copy, reproduce, incorporate, prepare derivative works of, and/or otherwise use the Submitted Information for any and all commercial and non-commercial purposes, including without limitation in connection with the VisionQuest 20/20 websites.
You may not and shall not transmit, submit or post anything to any VisionQuest 20/20 website that is unlawful, threatening, pornographic, libelous, defamatory, infringing, or that would otherwise violate any law. VisionQuest 20/20 does not endorse any Submitted Information or any opinion, recommendation, or advice expressed therein, and VisionQuest 20/20 expressly disclaims any and all liability in connection with Submitted Information. You shall be solely responsible for your Submitted Information and the consequences of posting or publishing them. With respect to your Submitted Information, you represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to use and authorize VisionQuest 20/20 to use all patent, copyright, trademark, trade secret, and/or other intellectual property or proprietary rights in and to any and all of your Submitted Information to enable inclusion and use of the Submitted Information in the manner contemplated by the VisionQuest 20/20 websites and these Terms of Use. You agree to defend, indemnify and hold harmless VisionQuest 20/20, its subsidiaries and affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, actions, suits, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from or related to your Submitted Information, including without limitation in connection with any claim of infringement of any patent, copyright, trademark, trade secret, and/or other intellectual property or proprietary rights of any third party.
Exchange Services
VisionQuest 20/20 is not obligated to, but may in its sole discretion at any time and without notice, monitor or review any areas or locations on or in any of the VisionQuest 20/20 websites where users transmit, submit or post Submitted Information or communicate with others, including but not limited to chat rooms, bulletin boards, blogs, or any other user forums ("Exchange Services"), and any of the content of any such Submitted Information or Exchange Services. Without limiting the foregoing, VisionQuest 20/20 may in its sole discretion at any time and without notice: (a) refuse to post or remove any or all such content; (b) terminate your access to and/or use of any or all of the Exchange Services (including termination due to repeat infringement of intellectual property laws); (c) modify or terminate any or all of the Exchange Services; and/or (d) disclose any such content or information as VisionQuest 20/20 deems necessary to satisfy any applicable law, regulation, legal process or governmental request. VisionQuest 20/20, however, will have no liability relating to any of the content of any such Submitted Information or Exchange Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
Use of Personally Identifiable Information
Information submitted to VisionQuest 20/20 through the forms located on the VisionQuest 20/20 websites is governed by the Privacy Policy located at the relevant VisionQuest 20/20 website.
Links
VisionQuest 20/20 websites may contain links to third party websites. Such websites are maintained by other companies, individuals or agencies and links to these other websites are provided by VisionQuest 20/20 strictly as a convenience to users of VisionQuest 20/20 websites. These linked websites are not under the control of VisionQuest 20/20, and VisionQuest 20/20 is not responsible for the accuracy of information on any such websites. The inclusion of any such link does not imply any endorsement by VisionQuest 20/20 of the linked third party website. VisionQuest 20/20 does not monitor or review the content of such third party websites and therefore any access to or use of any such linked third party website is at the user's sole and own risk. VisionQuest 20/20 may terminate any link(s) on any of the VisionQuest 20/20 websites at any time without notice.
Copyright Information
All materials appearing anywhere on VisionQuest 20/20's websites are protected by worldwide copyright laws and treaty provisions. The copyright to such materials is held by VisionQuest 20/20, or by the respective third party owner of the materials. None of the materials may be copied, reproduced, displayed, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as expressly permitted herein or with VisionQuest 20/20's express prior written approval. All rights not expressly granted herein are reserved.
Notices and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been posted to a VisionQuest 20/20 website in a manner that constitutes copyright infringement, please provide VisionQuest 20/20's Copyright Agent with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
VisionQuest 20/20's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
By mail:
Copyright Agent
c/o VisionQuest 20/20
6929 N Hayden Rd, Suite C4-139
Scottsdale, AZ 85250
By phone:
(888) MY-VQ2020
By fax:
(480) 336-2855
By email:
copyright@visionquest2020.org
If you believe that a copyright infringement notice has been wrongly filed against or delivered to you as a result of mistake or a misidentification of the material, you may file a counter notification with VisionQuest 20/20's Copyright Agent. The counter notification must provide the following information:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. The subscriber's name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
U.S. Government Restricted Rights
The materials on the VisionQuest 20/20 websites are provided with “RESTRICTED RIGHTS”. Use, duplication, and/or disclosure by the United States Government of such materials is subject to the restrictions identified in FAR 52.227-14 and DFAR 252.227-7013 et seq. or its successor. All other use is prohibited without the express prior written approval of VisionQuest 20/20. Use of any of the materials appearing on VisionQuest 20/20's websites by the Government constitutes acknowledgment and acceptance of VisionQuest 20/20's proprietary rights in such materials.
Trademark Guidelines
General
VisionQuest 20/20’s trademarks, service marks and logos (“Trademarks”) represent intellectual property rights owned by VisionQuest 20/20 and as such are valued assets of VisionQuest 20/20. These Trademarks are registered or unregistered Trademarks of VisionQuest 20/20 and must be used properly. VisionQuest 20/20’s Trademarks may be used publicly with permission only from VisionQuest 20/20. Fair use of VisionQuest 20/20’s Trademarks in advertising and promotion of VisionQuest 20/20 products requires proper acknowledgement. Follow these Trademark Guidelines (“Guidelines”) when using VisionQuest 20/20's Trademarks in internal and external communications, documents and electronic messages. Other product names or trademarks, including those appearing on VisionQuest 20/20’s websites, that are not owned by VisionQuest 20/20 are for identification purposes only and may be the registered or unregistered trademarks of their respective owners. No license or right is granted by VisionQuest 20/20 by implication, estoppel or otherwise to any such third party names or trademarks.
Applicability of Guidelines
These Guidelines apply to VisionQuest 20/20 employees, customers, licensees, consultants, outside vendors, and other third parties. Note that if you are a licensee of a VisionQuest 20/20 Trademark, the license agreement that you signed with VisionQuest 20/20 may contain specific usage guidelines that differ from those contained within these Guidelines, and in such case you should follow those specific guidelines provided within such license agreement. If you are a licensee, but have been provided no special guidelines, then follow these Guidelines.
List of VisionQuest 20/20 Trademarks
The list of VisionQuest 20/20 Trademarks provided here may be updated with new Trademark information and should be referred to regularly. Note that the list may not be comprehensive, and the omission of a VisionQuest 20/20 Trademark from the list does not represent any waiver of any intellectual property rights of VisionQuest 20/20 in and/or to such mark. If in doubt about whether or not a particular name, mark or logo is a VisionQuest 20/20 Trademark, or if you have any questions about the use of VisionQuest 20/20's Trademarks, contact VisionQuest 20/20’s Legal Department for assistance.
Because Every Child Deserves To See™
Catch The One™
EyeBall™
EyeSpy 20/20™
PartnershipMaker™
SeeToSucceed™
VisionQuest 20/20™
Women of Vision™
Referring to VisionQuest 20/20 Products/Services
When referring to VisionQuest 20/20 products or services use the proper applicable Trademark, and ensure that such references: (i) are truthful, fair, and not misleading; and (ii) comply with these Guidelines. Note that these Guidelines may be modified by VisionQuest 20/20 from time-to-time in its sole discretion. Specifically, ensure that you:
1. follow the directives within these Guidelines;
2. use the appropriate trademark symbol and trademark acknowledgment of VisionQuest 20/20's ownership of the particular Trademark;
3. do not incorporate VisionQuest 20/20 Trademarks into your own product trademarks, service marks, logos, or company names; and
4. do not adopt marks or logos that are confusingly similar to any VisionQuest 20/20 Trademarks.
Use of VisionQuest 20/20 Trademarks
When using a VisionQuest 20/20 Trademark, ensure that you:
1. ALWAYS use such Trademark as an adjective, accompanied by an appropriate noun (e.g. “VisionQuest 20/20™ EyeSpy 20/20™ is an excellent method for vision screening children”). Do NOT use a Trademark as a noun (e.g. “VisionQuest 20/20™ is an excellent product”). Do NOT pluralize a Trademark or make it possessive. Do NOT combine a Trademark with other words, symbols, or numbers, either as one word or with a hyphen. Do NOT abbreviate a Trademark;
2. ALWAYS use the proper spelling and the proper trademark symbol (®, ™ or SM as applicable). For the trademark symbol, use the superscript format, but if this is not possible, then use parentheses ((R), (TM) or (SM) as applicable); and
3. ALWAYS use VisionQuest 20/20 Trademarks in the way they were intended to be used. Do not use VisionQuest 20/20 Trademarks for products or services for which they were not originally intended. Do not alter a VisionQuest 20/20 Trademark in any way.
Identification of VisionQuest 20/20 Trademarks
In letters, memos, press releases, white papers, advertising, slides, foils, video, and other multimedia presentations, ensure that you:
1. properly identify (with ®, ™ or SM as applicable) each VisionQuest 20/20 Trademark at the most prominent use (often in the headline) and again in the first occurrence. For presentation graphics, each VisionQuest 20/20 Trademark should be designated with the proper trademark symbol on each page, slide, and foil;
2. in newsletters, magazines, and publications containing multiple articles, properly identify each VisionQuest 20/20 Trademark in the first occurrence in the Table of Contents, in headlines and in the first occurrence in every article in which it is used;
3. in brochures, financial reports, books, white papers, data sheets, technical documentation, and other bound documents, properly identify each VisionQuest 20/20 Trademark in the first occurrence in the Table of Contents, in headlines, and in the first occurrence in text;
4. in all charts and graphs, properly identify each VisionQuest 20/20 Trademark, as such charts and graphs could become separated, copied and used independently; and
5. in all VisionQuest 20/20 Trademark tag lines (e.g. "Because Every Child Deserves To See™"), always use the proper trademark symbol in every such reference.
Proper Use Examples of VisionQuest 20/20 Trademarks
VisionQuest 20/20™ vision screening services
EyeSpy 20/20™ vision screening software
EyeBall™ fundraising event
Acknowledgement of VisionQuest 20/20 Trademarks
Ensure that you include a proper trademark ownership notice that identifies each VisionQuest 20/20 Trademark used as being owned by VisionQuest 20/20, Inc. (e.g. “VisionQuest 20/20 and the VisionQuest 20/20 hands and eye logo are trademarks of VisionQuest 20/20, Inc.”). If you are a licensee of a VisionQuest 20/20 Trademark, the license agreement that you signed with VisionQuest 20/20 may contain specific notice, acknowledgment and other requirements and restrictions. Refer to your license agreement for such specific requirements and restrictions.
Use of “VisionQuest 20/20” as a Trademark vs. Trade name
“VisionQuest 20/20” is not only a trademark used to identify VisionQuest 20/20’s products and services, it also serves as VisionQuest 20/20’s company name. Therefore, the word “VisionQuest 20/20” is generally used in two (2) different ways: (i) as a trade name to identify VisionQuest 20/20, Inc. the company; or (ii) as a trademark to identify its various products. “VisionQuest 20/20” is used as a trade name when VisionQuest 20/20, Inc. the company is taking some action or referenced as having some attribute (e.g. “VisionQuest 20/20 announced its grants received for this quarter”). When referenced as a trade name, there is no need to include a trademark symbol after “VisionQuest 20/20”. “VisionQuest 20/20” is used as a trademark when VisionQuest 20/20 is an adjective used as a brand name for its products (e.g. “VisionQuest 20/20™ vision screening services are intended for use in schools in the United States”). When referenced as a trademark, include the proper trademark symbol after “VisionQuest 20/20”.
Links to VisionQuest 20/20 Websites
Any link to a VisionQuest 20/20 website from a different website must conform to these Guidelines and the following additional rules:
1. unless VisionQuest 20/20 provides you with express prior authorization in writing, any link to a VisionQuest 20/20 website must use only one of the Trademark logos displayed below;
2. VisionQuest 20/20 grants you a limited and non-exclusive license to use these logos, but does not transfer title in these logos to you. The logos may only be used as an active link to the related VisionQuest 20/20 website;
3. any link to a VisionQuest 20/20 website must only be to the respective VisionQuest 20/20 website's home page. No "deep linking" to any other page(s) on any VisionQuest 20/20 website is permitted without VisionQuest 20/20's express prior authorization in writing;
4. you may not use the logos below to imply in any way that VisionQuest 20/20 has sponsored or endorsed your website or any of the products or services referenced on your website without receiving VisionQuest 20/20's express prior authorization in writing;
5. you may not alter the logos in any way, including proportions or colors and may not animate or morph the logos to change their appearance;
6. you may not use the logos on any website that disparages VisionQuest 20/20 or its products or services in any way;
7. the logos may only be used on website pages that make accurate reference to VisionQuest 20/20, its products and/or services. The logos must be placed on the same page as the reference to VisionQuest 20/20 and as close to the reference as feasible;
8. VisionQuest 20/20 may, in its sole discretion, terminate your right to use any or all of these logos at any time and for any reason. VisionQuest 20/20 may take action against any use of the logos that does not conform to the requirements set out herein or that infringes any right held by VisionQuest 20/20, and VisionQuest 20/20 will actively seek the recovery of any costs it may incur preventing any such misuse or damages that may result from such misuse.
Shipping, Returns, and Cancellation Policy
IMPORTANT - VisionQuest 20/20's operations are limited to the United States of America.
The following transactions are possible through this secure website;
Monetary donations to support VisionQuest 20/20.
Monetary donations to provide vision screenings.
Monetary sponsorships to provide vision screenings while promoting your business/organization.
School direct purchase of vision screening supplies.
Prior to submitting your order, you must confirm the accuracy of the information provided. If you require assistance in placing your order, please call us at 888-MY-VQ2020 or email us at orders@visionquest2020.org.
Upon successful processing of your order, a receipt will appear on screen. Please print this receipt for your records and provide to your accountant for tax preparation purposes. No materials or items are shipped when an on-line donation or sponsorship is made, therefore a return policy is not applicable for this type of transaction.
Return of vision screening supplies are subject to a 10% restocking fee.
If you have placed an order in error, please contact us within 3 business days of the transaction at 888-MY-VQ2020 or email orders@visionquest2020.org. VisionQuest 20/20 will make every reasonable effort to reverse charges to your account. To minimize inconvenience and expense, please make certain to verify the accuracy of your order prior to submitting.
